Version 2026-10-05-ugc-v9-nonexclusive
Superpower Creator Agreement
This Superpower Creator Agreement (this “Agreement”) is entered into between Superpower Health, Inc., a Delaware corporation (“Company”), and the individual or entity that accepts it (“Creator”), and governs Creator’s creation and submission of user-generated content in connection with Creator’s participation in a Superpower creator program administered through the Trybe platform (“Trybe”). It is effective on the date Creator accepts it (the “Effective Date”). Creator’s identity, account, contact address, and enrolled program are those associated with Creator’s Trybe account. No signature block or blank needs to be completed for this Agreement to take effect. Exhibit A sets out the Federal Trade Commission (“FTC”) requirements that apply to Creator and forms part of this Agreement. In the event of a conflict between Sections 1 through 10 and Exhibit A, Sections 1 through 10 control.
1 THE PROGRAM AND SERVICES
1.1The Program and the Program Terms
Creator participates as an independent creator in the Superpower creator program in which Creator is enrolled on Trybe (the “Program”). The program-specific terms Company makes available to Creator through Trybe, as updated from time to time, are the “Program Terms.” The Program Terms identify the program, its briefs, its deliverables, and its rates. Creator will create and submit user-generated content (“UGC”) and perform the related marketing, content, and endorsement services set out in the Program Terms (the “Services”) in accordance with this Agreement, the Program Terms, and Company’s reasonable, good-faith briefs and instructions. Creator will render the Services in a professional, ethical, and workmanlike manner, while maintaining Creator’s authentic tone and voice. Creator is an “active partner” in the Program from the Effective Date until the earliest of the date Creator leaves the Program, the date Company removes Creator from the Program, and the effective date of any termination of this Agreement under Section 9. That period is the “Term” of this Agreement, and Creator ceases to be an active partner on the same date the Term ends whether or not Creator’s Trybe account has been updated to reflect it.
1.2Submitted Content
“Submitted Content” means all content, materials, footage, stills, audio, voiceover, captions, and other assets Creator submits to Company through Trybe or directly through other means, whether or not Company accepts or uses them. References in this Agreement to the Submitted Content “and its derivatives” mean the versions, edits, cuts, and derivative works Company creates from the Submitted Content, in which Company holds the interest described in Section 4.7. Content Creator submits through Trybe is submitted under this Agreement and is licensed to Company on the terms set out in Section 4.
1.3Program Terms Control Commercial Details
The deliverables, content specifications, formats, quantities, submission deadlines, review process, compensation, bonuses, and payment mechanics applicable to Creator are set out in the Program Terms for the Program in which Creator is enrolled, and not in this Agreement. Company may update the Program Terms, and may add, change, or close Programs, with notice to Creator through Trybe. Continued submission of content after such notice constitutes acceptance of the updated Program Terms as to content submitted after that notice. In the event of a conflict between this Agreement and the Program Terms, the Program Terms control as to the matters listed in the first sentence of this Section, except that the Program Terms may shorten but not extend the payment-timing floor in Section 2.3, and this Agreement controls as to all other matters, including the license grants in Section 4, the exclusivity in Section 5, and the liability provisions in Section 8.
1.4Content Standards
Creator will follow the brief, specifications, and required disclosures for each deliverable. Submitted Content must be original to Creator, must reflect Creator’s own truthful experience and good-faith views, must not contain third-party intellectual property (including music, footage, logos, or trademarks) that Creator is not authorized to license to Company on the terms of this Agreement, and must not depict any identifiable third party unless Creator has obtained a written release on terms sufficient to support the license granted in Section 4. Creator will disclose to Company any material use of generative artificial intelligence, synthetic voice, or digital likeness in the Submitted Content. Creator will not include third-party materials in the Submitted Content unless Creator discloses them to Company in writing through Trybe at or before submission.
1.5Health and Product Claims
Creator will not make, and will not imply, any claim that Company’s products or services diagnose, treat, cure, mitigate, or prevent any disease, or that any specific health outcome is guaranteed. Creator will not present Creator’s statements as medical advice, will not make claims about test results or biomarkers beyond Creator’s own actual experience, and will use only the claims, copy, and substantiation Company provides. Creator will promptly correct or remove any statement Company identifies as inaccurate, unsubstantiated, or non-compliant.
1.6Editing, Approval, and Distribution
Company may accept or reject any Submitted Content in its discretion. Company edits, produces, captions, and distributes Submitted Content in Company’s style and at Company’s direction, and no further approval from Creator is required before Submitted Content or any derivative goes live organically or as a paid advertisement. Company will not materially alter the substance of Creator’s statements in a way that misrepresents Creator’s views or experience. Where Company reasonably believes Submitted Content does not meet the brief or specifications, Company will describe the non-conformity and Creator will promptly make reasonably requested changes within the turnaround stated in the Program Terms. Unless the Program Terms state otherwise, two (2) rounds of revisions are included per deliverable.
1.7Feedback and Data Sharing
To the extent Creator has them, Creator will provide Company with relevant feedback, data insights, performance metrics, and usage statistics from Creator’s content (“Feedback”) to optimize mutual promotional efforts. Company may use Feedback internally to measure and improve campaign performance, and will aggregate or de-identify Feedback before disclosing it outside Company and its agencies. Creator will not provide, and Company does not seek, personal information about Creator’s audience members, and each party’s collection, use, and sharing of Feedback will comply with all applicable data protection and privacy laws. Notwithstanding Section 6, Company may use and disclose Feedback as set out in this Section.
1.8Regulatory Compliance
Creator will comply with all applicable laws and self-regulatory guidelines governing endorsements and advertising, including the FTC’s Guides Concerning the Use of Endorsements and Testimonials and the FTC requirements set forth in Exhibit A, including all required disclosures, each platform’s paid-partnership disclosure tool, and use of any Company-required disclosure hashtag.
2 COMPENSATION AND PAYMENT
2.1Compensation Determined by the Program Terms
As Creator’s sole compensation for the Services and for the licenses granted in this Agreement, Company will pay Creator the amounts determined under the Program Terms for the Program in which Creator is enrolled. Creator acknowledges that those amounts are set in the Program Terms and not in this Agreement, that they may differ between Programs and between creators, and that they may change prospectively when the Program Terms are updated under Section 1.3.
2.2Payment Through Trybe
All amounts are stated and payable in U.S. dollars and are processed through Trybe in accordance with the Program Terms and Trybe’s payment process. Creator is responsible for maintaining accurate payment and tax information in Trybe. Company’s payment obligation is satisfied on payment through Trybe, and Company has no obligation to pay Creator outside that process.
2.3Payment Timing
Company will pay all undisputed amounts on the schedule set out in the Program Terms and, in any event, within thirty (30) days after the amount becomes payable under the Program Terms. Company may withhold an amount it disputes in good faith, and the parties will use commercially reasonable efforts to promptly resolve any payment dispute. This Section sets a floor: where the Program Terms provide for faster payment, the Program Terms control.
2.4Paid Amplification
Where Company runs paid media using the Submitted Content, any compensation tied to that paid amplification, including any percentage of qualified ad spend or usage fee, is determined by and paid under the Program Terms. Company will make available through Trybe the reporting necessary to calculate any such amount.
2.5Expenses
Unless the Program Terms expressly provide otherwise, Company will not reimburse Creator for expenses incurred in connection with the Services.
2.6Taxes
Creator is solely responsible for all taxes imposed with respect to amounts paid under this Agreement and for any vendor, platform, or payment-processing fees. Creator will indemnify and hold Company harmless from any liability (including penalties and interest) arising from Creator’s failure to pay such taxes.
3 RELATIONSHIP OF THE PARTIES
3.1Independent Contractor
Creator will perform the Services as an independent contractor, and not as an employee, partner, agent, or joint venturer of Company. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship. Creator has no authority to bind Company by contract or otherwise. Creator will determine, in Creator’s sole discretion, the manner and means by which the Services are accomplished, subject to Creator’s compliance with applicable law, the Program Terms, and the standards and direction rights set forth in Section 1.
3.2Taxes and Employee Benefits
Creator will report as income all compensation received under this Agreement and is solely responsible for all withholding taxes, social security, workers’ compensation, unemployment, and disability insurance or similar items. Creator will not be entitled to any benefits made available by Company to its employees.
3.3No Minimum Commitment
This Agreement does not obligate Company to assign any minimum volume of work to Creator, to accept or use any Submitted Content, or to engage Creator on an exclusive basis. Company may engage any number of other creators, including in the same Program.
3.4Insurance
Company will not carry any liability insurance on behalf of Creator. Creator is responsible for any insurance required by law or common to Creator’s business.
4 LICENSE AND USAGE RIGHTS
4.1Perpetual Content License
Creator grants Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to host, reproduce, edit, adapt, create derivative works from, publish, distribute, display, perform, transmit, and otherwise use and exploit the Submitted Content, in whole or in part, for organic and paid promotional and commercial purposes, in all media now known or later developed, including Company’s owned, operated, paid, and earned channels, Instagram, TikTok, YouTube, Company’s website and applications, email, connected TV, out-of-home, and third-party paid media placements. This license is not limited to the Term and does not expire, revert, or sunset when the Term ends. Creator may, however, continue to display and share the Submitted Content organically on Creator’s own accounts and in Creator’s portfolio, reel, or media kit as an example of Creator’s work, provided Creator does not use it to promote any business other than Company.
4.2Name, Image, and Likeness
Creator’s name, image, likeness, voice, signature, endorsement, biographical information, social media handles, and other indicia of identity and publicity rights (collectively, “Name and Likeness”) remain the sole property of Creator. Creator grants Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Name and Likeness as embodied in, or as reasonably necessary to distribute and promote, the Submitted Content and its derivatives, together with Creator’s name, handle, and credentials as attribution. Company acquires no right to use the Name and Likeness in materials that do not incorporate the Submitted Content, except that while Company holds the content-library license in Section 4.6, including its thirty (30) day wind-down, the Name and Likeness license extends to the content-library material Company clips or runs under that Section. Company acquires no right to state or imply an ongoing endorsement or partnership after Creator leaves the Program, except that Company may continue to run the Submitted Content and its derivatives as statements of Creator’s experience at the time of creation. Company will comply with applicable FTC guidance in continuing to run that content, including any requirement to indicate when the statement was made or to confirm that it reflects the endorser’s then-current views.
4.3Whitelisting and Paid Amplification
For so long as Creator is an active partner in the Program, Creator grants Company whitelisting and partnership-ad rights: the right to run paid advertisements through Creator’s social media handle(s) and accounts using the Submitted Content and its derivatives, including through each platform’s branded content, partnership ad, or Spark Ads tools, and Creator will grant and maintain the access, codes, and permissions necessary to do so. Creator will not revoke that access while Creator remains an active partner in the Program. On expiration or termination, Company’s right to run new paid placements through Creator’s handles ends, subject to the thirty (30) day wind-down in Section 9.4, and Company may continue running the Submitted Content and its derivatives in perpetuity through Company’s own handles, accounts, and channels and through Company’s paid media placements, including as paid advertisements.
4.4Content Modification
Company may edit, clip, recut, re-order, caption, subtitle, dub, translate, color-correct, add music and graphics to, combine with other materials, and otherwise modify the Submitted Content as needed for formatting, aesthetic, promotional, or platform-specification purposes, while maintaining the integrity of Creator’s statements and not misrepresenting Creator’s views or experience. To the maximum extent permitted by applicable law, Creator waives, and agrees not to assert, any moral rights or rights of attribution or integrity in the Submitted Content against Company or its sublicensees.
4.5Sublicensing and Third-Party Use
Company may sublicense the Submitted Content and its derivatives to its affiliates, agencies, media partners, resellers, distribution platforms, and service providers for use within the scope of the license granted in this Section 4, and may assign or transfer that license as permitted by Section 10.1.
4.6Pre-Existing Content Library
For so long as Creator is an active partner in the Program, Creator grants Company a non-exclusive license to clip, recut, and run organic and paid promotional content from Creator’s back-catalog of content published before or during the Term (the “content library”), limited to promotional use in connection with Company’s offerings and consistent with Creator’s authentic voice. Company’s right to make new use of the content library ends when Creator ceases to be an active partner in the Program, subject to a thirty (30) day wind-down of anything then live. Company has no obligation to police or force the removal of content-library material already distributed, published, or retained by third parties or third-party platforms.
4.7Ownership Retained by Creator
The license granted in this Section 4 is a license and not an assignment. Creator retains all right, title, and interest, including copyright, in and to the Submitted Content, the Name and Likeness, and the content library, subject to the licenses granted in this Agreement. Creator’s name, image, likeness, voice, biography, credentials, social media accounts and handles, channels, and pre-existing content library, together with all associated publicity rights, remain the property of Creator and are licensed to Company only as expressly set forth in this Agreement. Company retains all right, title, and interest in and to Company’s trademarks, platform, copy, briefs, scripts, and other materials Company supplies, and in the edits, cuts, and derivative works Company creates from the Submitted Content, subject to Creator’s underlying rights in the Submitted Content. Company grants Creator a limited, non-exclusive, royalty-free, revocable license during the Term to use Company’s trademarks solely as necessary to perform the Services.
4.8Survival of License
The licenses granted in Sections 4.1, 4.2, 4.4, 4.5, and 4.9, and Company’s rights under the final sentence of Section 4.3, are perpetual and irrevocable and survive expiration or termination of this Agreement for any reason. Creator acknowledges that the compensation paid under the Program Terms is full and adequate consideration for those licenses. Company has no obligation to remove, recall, take down, or stop running Submitted Content or its derivatives after the Term, and no obligation to police or force the removal of content already distributed, published, or retained by third parties or third-party platforms. Company may retain copies of the Submitted Content for internal, recordkeeping, historical, and archival purposes. Notwithstanding the foregoing, Company will use commercially reasonable efforts to cease running a specific piece of Submitted Content where continued use would be unlawful or where a good-faith legal or safety issue requires it.
4.9Quotes and Testimonials
Company may extract quotations, statements, excerpts, stills, and audio from the Submitted Content and its derivatives and use them as testimonials, reviews, endorsements, and social proof in any medium, including as typeset text, quote cards, review widgets, packaging, decks, and press materials. Company may present them together with Creator’s name, handle, credentials, and professional title, and with either a still frame taken from the Submitted Content or a photograph of Creator that Creator supplies or approves, which Creator may do through Trybe and which operates as a license to use that photograph for the purposes of this Section. Company may edit a quotation for length, grammar, and clarity provided the edit does not change the meaning of what Creator said. This Section is a right of use in materials that need not otherwise incorporate the Submitted Content, and it prevails over the second sentence of Section 4.2 to that extent. It is perpetual and survives expiration or termination of this Agreement, and remains subject to the limits on implying an ongoing endorsement, and the FTC compliance obligation, in Section 4.2.
6 CONFIDENTIAL INFORMATION
Each party agrees to keep confidential all proprietary or non-public information of the other party, including information about contracts, fees, costs, profits, markets, product costing, sales, customers, suppliers, plans for future development, unreleased campaigns and creative, and promotional methods, together with the Program Terms and the terms of this Agreement (collectively, “Confidential Information”). The Submitted Content and its derivatives are not Creator’s Confidential Information, and Company may use them as licensed in Section 4 during and after the Term. Each party may use the other’s Confidential Information solely to perform its obligations under this Agreement and will use commercially reasonable efforts to safeguard it, during the Term and thereafter, except for information that: (i) was known to the recipient before disclosure without obligation of confidentiality; (ii) is or becomes publicly available through no fault of the recipient; (iii) is lawfully acquired from a third party without restriction; or (iv) is required to be disclosed by law, provided the recipient gives prompt prior written notice where legally permitted. Nothing in this Section prevents Creator from making disclosures required by applicable law or platform rules, including required advertising disclosures. The obligations in this Section survive expiration or termination of this Agreement.
7 REPRESENTATIONS, WARRANTIES, AND COVENANTS
7.1Authority
Each party represents and warrants that it has full right and power to enter into and perform this Agreement without the consent of any third party, and that its performance will not conflict with any other obligation it may have. Creator further represents that Creator is at least eighteen (18) years of age.
7.2Performance Standard
Creator represents and warrants that the Services will be performed in a thorough, professional, ethical, and workmanlike manner, consistent with high professional and industry standards.
7.3Rights in Submitted Content
Creator represents and warrants that Creator owns or controls all rights in the Submitted Content necessary to grant the licenses in Section 4; that Creator has obtained all necessary written releases, consents, and licenses from any person appearing or heard in the Submitted Content and from any owner of third-party material incorporated in it, on terms sufficient to support those licenses; and that no payment to any third party, guild, union, or collecting society is or will become due as a result of Company’s use of the Submitted Content as permitted by this Agreement. This Section does not apply to any portion of the Submitted Content that is created or supplied by or on behalf of Company.
7.4Non-Infringement
Creator represents and warrants that the Submitted Content will not infringe, misappropriate, or violate the trademark, copyright, patent, trade secret, publicity, privacy, contract, or other rights of any third party, except to the extent any portion of the Submitted Content is created or supplied by or on behalf of Company.
7.5Compliance with Law; FTC
Creator represents and warrants that, in performing the Services, Creator will comply with all applicable laws, rules, regulations, platform policies, and self-regulatory guidelines, including the FTC’s Guides Concerning the Use of Endorsements and Testimonials and the FTC’s Enforcement Policy on native advertising, and that any statements Creator makes will reflect Creator’s truthful, good-faith views and actual experience regarding Company and its products.
7.6Non-Disparagement
Creator will not, during the Term or thereafter, make any disparaging, false, misleading, or defamatory statements about Company or its employees, agents, directors, officers, affiliates, products, or services. Nothing in this Section restricts truthful statements required by law or made in a legal or regulatory proceeding.
7.7Non-Solicitation of Personnel
During the Term, Creator will not directly or indirectly solicit the services of any Company employee or contractor for Creator’s benefit or the benefit of any other person or entity.
8 INDEMNIFICATION AND LIABILITY
8.1Mutual Indemnification
Each party (the “indemnifying party”) will defend, indemnify, and hold harmless the other party (the “indemnified party”) and its affiliates, employees, officers, directors, and agents from and against all third-party claims, damages, liabilities, losses, expenses, and costs (including reasonable attorneys’ fees) to the extent arising out of the indemnifying party’s breach of this Agreement (including its representations and warranties) or its negligence, fraud, or willful misconduct. Without limiting the foregoing: (a) Company will indemnify Creator against claims arising out of Company’s products, platform, and clinical or care decisions, and out of copy, claims, or materials Company supplied and Creator used as directed; and (b) Creator will indemnify Company against claims arising out of the Submitted Content, Creator’s conduct, Creator’s failure to obtain required releases, or Creator’s use of third-party materials, other than the portions of the Submitted Content created or supplied by or on behalf of Company.
8.2Procedure
The indemnified party will provide the indemnifying party with prompt written notice of any claim and give the indemnifying party control of the defense and settlement, and will reasonably cooperate at the indemnifying party’s expense. The indemnifying party will not settle any claim in a manner that imposes any obligation or admission on the indemnified party without the indemnified party’s prior written consent (not to be unreasonably withheld, conditioned, or delayed).
8.3Cap on Liability
Except with respect to a party’s liability for fraud or willful misconduct, breach of the confidentiality obligations in Section 6, the specific indemnities in Sections 8.1(a) and 8.1(b), or Creator’s tax indemnity in Section 2.6, each party’s aggregate liability arising out of or relating to this Agreement will not exceed the greater of (a) the total amounts paid to Creator under the Program Terms in the twelve (12) months preceding the claim, and (b) five thousand U.S. dollars ($5,000).
8.4Exclusion of Consequential Damages
Except for the parties’ respective indemnification obligations and a party’s liability for fraud or willful misconduct, in no event will either party be liable to the other for any incidental, consequential, indirect, special, exemplary, or punitive damages, including lost profits, loss of use, or damage to goodwill or reputation, regardless of the theory of liability and even if advised of the possibility of such damages.
9 TERM AND TERMINATION
9.1Term
This Agreement commences on the Effective Date and continues for the Term, as defined in Section 1.1. Creator’s participation in the Program is at will for both parties, this Agreement has no fixed end date, and the Term ends when this Agreement is terminated under this Section 9 or when Creator otherwise ceases to be an active partner in the Program.
9.2Termination at Will
Either party may terminate this Agreement, and Creator may leave the Program or Company may remove Creator from the Program, at any time and for any reason on written notice, which may be given through Trybe. Termination is effective on receipt unless the notice states a later date. Creator will be paid for Services properly rendered and Submitted Content accepted as of the effective date of termination, in accordance with the Program Terms.
9.3Termination for Cause
Either party may immediately terminate this Agreement for cause if the other party materially breaches this Agreement and fails to cure the breach, if curable, within ten (10) days after written notice, or becomes insolvent or subject to bankruptcy proceedings. In addition, Company may immediately terminate for cause and remove Creator from the Program if Creator is charged with or convicted of criminal conduct (other than minor traffic offenses), or commits any act that, in Company’s reasonable discretion, brings Creator into public disrepute, contempt, scandal, or ridicule in a manner that materially injures Company’s reputation.
9.4Effect of Expiration or Termination
Upon expiration or termination for any reason: (i) Creator will stop creating and submitting content under the Program; (ii) the licenses granted in Sections 4.1, 4.2, 4.4, 4.5, and 4.9 continue in perpetuity, and Company may continue to run the Submitted Content and its derivatives, organically and as paid advertisements, through Company’s own handles, accounts, and channels and through Company’s paid media placements; (iii) Company’s right to run new paid placements through Creator’s own handles, and Company’s right to make new use of the content library, end, subject to a thirty (30) day wind-down of anything then live; (iv) each party will return or, at the disclosing party’s request, destroy the other party’s Confidential Information in its possession or control, except that Company may retain the Submitted Content as permitted by Section 4.8 and each party may retain this Agreement, the Program Terms, and any copies its legal or recordkeeping obligations require; and (v) Company will pay Creator any accrued but unpaid amounts due as of the effective date of termination.
9.5Survival
Sections 2 (as to accrued amounts), 2.6, 4.1, 4.2, 4.4, 4.5, 4.7 (other than the trademark license in its final sentence), 4.8, 4.9, the final sentence of 4.3, 6, 7.3, 7.4, 7.6, 8, 9.4, and 10, together with any provision that by its nature should survive, will survive the expiration or termination of this Agreement.
10 GENERAL
10.1Assignment
Creator may not assign or transfer this Agreement, in whole or in part, without Company’s prior written consent; any attempted assignment without such consent is void. Company may assign this Agreement, including its rights and obligations and the licenses granted in Section 4, to an affiliate or in connection with a merger, reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement binds and benefits the parties and their successors and permitted assigns.
10.2Equitable Remedies
Because the Services are personal and unique and Creator will have access to Confidential Information, Company will be entitled to seek injunctive or other equitable relief, without posting a bond, in addition to any other remedies available at law or in equity. Creator has the same right with respect to a breach of Section 6 or a use of the Submitted Content or the Name and Likeness outside the licenses granted in Section 4.
10.3Governing Law; Venue
This Agreement is governed by the laws of the State of California without regard to its conflict-of-laws rules. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California, and any other dispute-resolution activity will be held there.
10.4Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the affected provision will be construed to be enforceable to the maximum extent permissible.
10.5Waiver
The failure of either party to enforce any provision will not constitute a waiver of future enforcement of that or any other provision.
10.6Notices
All notices under this Agreement must be in writing and may be delivered through Trybe, by email to the address associated with Creator’s Trybe account (with confirmation of delivery), personally, by nationally recognized overnight courier, or by registered or certified mail, return receipt requested. Notices to Company go to legal@superpower.com. Notices to Creator go to the email address and handle on Creator’s Trybe account, which Creator is responsible for keeping current. Notices are deemed given upon receipt.
10.7Entire Agreement
This Agreement, together with the Program Terms and Exhibit A, constitutes the complete and exclusive agreement of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether written or oral. Except as provided in Section 1.3, this Agreement takes precedence over the Program Terms in the event of a conflict. Company may amend this Agreement by posting an updated version through Trybe with notice to Creator. The updated version applies to content Creator submits after the notice, and to all other terms of this Agreement from thirty (30) days after the notice, unless Creator terminates this Agreement under Section 9.2 before that date. No amendment changes the licenses already granted in content Creator submitted before the notice, or the compensation already earned on it. Company may separately update the Program Terms under Section 1.3, the list published under Section 5.2, and the guidelines in Exhibit A, in each case on notice to Creator. Any other amendment must be in writing and agreed by both parties.
10.8Electronic Acceptance
Creator accepts this Agreement electronically by ticking the box on Company’s creator application, and that acceptance has the same force and effect as a handwritten signature. Company’s records of Creator’s acceptance, including the date and account associated with it, are admissible evidence of this Agreement and of Creator’s assent to it. Company is a party to this Agreement on and from Creator’s acceptance without any further act by Company.
EXHIBIT A – SOCIAL MEDIA PRACTITIONER REQUIREMENTS (FTC)
Company is required to ensure that creators it compensates clearly disclose their relationship with Company and make only truthful and substantiated statements about Company’s products and services. Creator therefore complies with FTC guidelines, with emphasis on the following. Nothing in this Exhibit makes Creator an agent or employee of Company or gives Creator authority to act on Company’s behalf; Creator remains an independent contractor under Section 3.1.
Disclosure is key
Always clearly and conspicuously disclose any involvement with Company. If Creator has received any incentive, including payment, free products, or program benefits, the audience must clearly understand this up front. Where Creator publishes the post, Creator must use the platform’s paid-partnership disclosure tool and include any Company-required disclosure hashtag above the fold in the post copy. Where Company publishes the post, Company is responsible for including the required disclosures.
Be truthful
When posting about a Company product or program, do not exaggerate benefits. Only describe actual experience with the products or services, and never make unsubstantiated claims.
No health claims
Do not state or imply that Company’s products or services diagnose, treat, cure, mitigate, or prevent disease, or that any health outcome is guaranteed. Do not present your statements as medical advice. Use only the claims and substantiation Company provides.
Respect third parties
Follow the terms and conditions of any third-party websites and platforms in which Creator participates. Content Creator submits must be original and must not contain third-party intellectual property that Creator is not authorized to license to Company, and Creator must have written permission from anyone appearing in it.
Disclose synthetic media
Tell Company about any material use of generative AI, synthetic voice, or digital likeness in the content, and follow any platform labeling requirements.
Responsibility
It is Creator’s responsibility to comply with these guidelines. Company may review Creator’s publicly available posts relating to Company and, consistent with Section 1.5, may require correction or removal of any false, misleading, or non-compliant statement. Company may amend these guidelines at any time upon notice to Creator, including through Trybe.